Current through all regulations passed and filed through March 18, 2024
(A) Purpose
(1) The purpose of the policy is to promote
the free exchange of ideas on university property
and the safe and efficient operation of the university by:
(a) Fostering free speech, assembly and other
expressive activities on university property by all persons, whether or not
they are affiliated with the university.
(b) Maintaining an appropriate educational
and work environment for all persons present on university property, including
but not limited to students, faculty, employees, customers and
visitors.
(c) Maintaining the
personal security of all persons present on university property and protecting
the property of the university and of persons present on university
property.
(d)
Adopting a policy on harassment that is consistent with
and adheres strictly to its definition in section
3345.0211
of the Revised Code and providing guidelines in accordance with Ohio Revised
Code sections
3345.0211
to
3345.0214
of the Revised Code, known as the Forming Open and Robust University Minds Act
or the Forum Act.
(2) In developing this policy, the university
recognizes the constitutional freedoms of speech,
press, and peaceable assembly guaranteed by the United States and Ohio
constitutions, . The university shall not
prohibit any individual from engaging in noncommercial expressive activity on
campus, so long as the individual's conduct is lawful and does not materially
and substantially disrupt the functioning of the university. The
university also recognizes the need to preserve and protect its property,
students, guests and employees of the university, and to ensure the effective
operation of educational, business and related activities of the university.
Expressive activities on the university's campus may be subject to reasonable
regulation with regard to the time, place and manner of the activities
when in the service of a significant university
interest if such regulations are viewpoint and content neutral and provide for
ample alternative means for expressive activities.
University employees will not consider the content of
expressive activities when enforcing this policy. No policy can address every
possible activity or situation that may occur on university property, and the
university reserves the right to address such situations as circumstances
warrant.
(3) This policy does not
apply to use of university facilities and grounds for official events sponsored
by the university. Expressive activities carried out under this policy shall
not be considered to be speech made by, on behalf of or endorsed by the
university.
(B)
Definitions
(1)
"Campus
community" means students, student groups, faculty, staff, and employees of the
university and their invited guests.
(2)
"Expressive
activity" means any noncommercial lawful verbal, written, audiovisual, or
electronic means by which individuals may communicate ideas, including all form
of peaceable assembly, protests, speeches, distribution of literature, carrying
and displaying signs, and circulating petitions.
(3)
"Harassment"
means unwelcome conduct that is so severe, pervasive and objectively offensive
that it effectively denies an individual equal access to the individual's
education program or activity.
(4)
"Materially and
substantially disrupts" means when a person, with the intent to, or with
knowledge of doing so, significantly hinders another person's or group's
expressive activity, prevents communication of their message, or prevents the
transaction of the business of a lawful meeting, gathering, or procession by
either engaging in violent or otherwise unlawful behavior or physically
blocking or using threats of violence to prevent any person from attending,
listening to, viewing, or otherwise participation in an expressive activity.
This does not include conduct that is protected under the First Amendment to
the United States Constitution or Section 3 of Article I of the Ohio
Constitution.
(5)
"Outdoor areas of campus" means the generally
accessible outside areas of campus where members of the campus community are
commonly allowed, such as grassy areas, walkways and other similar common
areas. This does not include outdoor areas where access is restricted to a
majority of the campus community.
(6)
"Student group"
means an officially recognized group at the university, or a group seeking
official recognition, comprised of admitted students that receive, or are
seeking to receive, benefits through the university.
(C)
Outdoor areas of campus
(1)
Publicly
accessible outdoor areas
(a) Any person
or group may use for expressive activity, without
prior approval or reservation, any
outdoor area of
campus except parking
lots, garages and driveways. Federal, state and local laws will be enforced as
applicable. The use of walkways or other common areas for expressive activity may not block the free passage
of others or impede the regular operation of the university.
Members of the campus community may spontaneously and
contemporaneously assemble and distribute noncommercial
literature.
(b) Use of the
publicly accessible outdoor areas may include
speaking, non-verbal expression, distributing literature, displaying signage
and circulating petitions. There is no limit to the number of times a month a
person or group may access those areas.
(c)
The university
does not maintain free speech zones. The university may maintain and enforce
reasonable time, place, and manner restrictions specifically developed in
service of a significant institutional interest when such restrictions are
viewpoint and content neutral and provide for ample alternative means for
expressive activities.
(2) Large groups
(a) Except in circumstances described in
paragraph (B)(2)(b) of this policy, any person or group whose use of an outdoor
area is expected or reasonably likely to have more than one hundred people
should
notify the university's police department at 216-687-2020 at least five
business days before the day of the expressive activity
and
provide information as to the specific location
of the event, the estimated expected number of
persons, and the name and contact information of at least one person who can be
contacted regarding logistics of the event, which shall include at least one
person who will be personally present.
(b) Prior notice is necessary to ensure that
there is sufficient space for the large group event, that the large group event
does not conflict with any other scheduled use of the outdoor
area,
and that sufficient university resources are available for crowd control and
security. If such advance notice is not feasible because of circumstances that
could not be reasonably anticipated, the person or group shall provide the
university with as much advance notice as circumstances reasonably
permit.
(D) Student use
(1) In addition to the
right of access to
publicly accessible outdoor areas of campus
described in paragraph (C)(1) of this rule, any student or student
group may seek to reserve the use of specific outdoor
areas by contacting conference services at 216-523-7203.
Reserving the area is not required but does result in
priority use.
(2) Any request
by a student or student group to reserve such area or
space
should be made at least one business day prior to the
event. A request will be granted unless it would conflict or interfere with a
previously scheduled event or activity or violate this
policy.
(3) A student or student
group that has reserved a specific area
under this
policy
will have priority over any other persons seeking to use the area
during the scheduled time period.
Any decision denying a request shall be promptly communicated in writing to the
requester and shall set forth the basis for the denial. The content of the
expressive
activity shall not form the basis for a denial.
(4)
The university
will not charge security fees to a student or student group based on the
content of their expression, the content of the expression of their invited
guest, or the anticipated reaction to an invited guest's
expression.
(E)
Harassment
(1)
The university strives to provide an environment for
the campus community that is free from harassment as defined in paragraph
(B)(4) of this policy.
(2)
The university community shall refrain from harassment
as defined in paragraph (B)(4) of this policy while conducting expressive
activities.
(3)
Any member of the campus community may file a complaint
alleging harassment as defined in paragraph (B)(4) of this policy pursuant to
the university's policy against discrimination, harassment, sexual violence and
retaliation and related procedures.
(4)
The definition of
harassment set forth in paragraph (B)(4) of this policy is specific to this
policy and varies from the definition of harassment set forth in other
university policies.
(F)
Use of indoor
university space
Use of indoor university space is
governed by rules 3344-90-01 (university space) and 3344-90-02 (use of space
for non-academic purposes) of the Administrative Code.
(G)
Prohibited activities
(1) Any event or
activity that significantly disrupts the ability of the university to
effectively and peacefully teach students, provide client services, or conduct
any of its other business and support operations is prohibited. Examples
include but are not limited to excessive noise, impeding vehicle or pedestrian
traffic, and conduct otherwise unlawful.
(2) No activity may damage university
property. Prohibited actions include but are not limited to driving stakes or
poles into the ground, affixing items to a building, and attaching anything to
sidewalks, paved areas, or any part of any building, structure or fixture. This
prohibition does not limit the otherwise authorized decoration of offices and
residences by non-destructive means.
(3) Distribution or solicitation by placing
any material on vehicles in the parking lots or garages is prohibited. Leaving
trash, litter, materials or pollutants in any area is prohibited.
(4)
Expressive
activity that meets the definition of harassment under this policy is
prohibited. Any member of the campus community may file a complaint alleging
harassment as defined herein pursuant to rule 3344-2-02 of the Administrative
Code, policy against discrimination, harassment, sexual violence. Such
complaints will be addressed pursuant to the office for institutional equity
procedures for addressing reports of discrimination, harassment, sexual
violence and retaliation.
(5)
Conduct that intentionally, materially, and
substantially disrupts another individual's expressive activity if it occurs in
a campus space reserved for exclusive use or control of a particular individual
or group, also known as "heckler's veto," is prohibited.
(H) Enforcement
Any person who violates paragraph (G) of this
policy
may be subject to an order to leave university property. Employees in violation
of this policy may be subject to discipline. Students may be subject to charges
under the code of student conduct.
(I) Procedures
The university administration
has adopted procedures to
administer this policy.
(J)
Interpretation
(1)
This policy shall not be interpreted as restricting or
impairing the university's obligations under federal law including, but not
limited to, Title IV of the Higher Education Act of 1965, Title VI of the Civil
Rights Act of 1962, Title VII of the Civil Rights Act of 1964, Title IX of the
Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973,
Title II of the Americans With Disabilities Act, Age Discrimination in
Employment Act, and the Age Discrimination Act of 1975 as addressed through
other university non-discrimination and Title IX policies.
(2)
This policy is
not intended to impair any constitutionally protected expressive
activity.